38-23-03. Jurisdiction of the commission and duties
1. The commission has jurisdiction and authority over any person or property, public or
private, necessary to enforce this chapter. The commission may investigate and
determine whether facts exist justifying action by the commission. The state geologist
shall act as a supervisor charged with the duty of enforcing the regulations and orders
of the commission applicable to this chapter.
2. The commission acting through the state geologist may:
a. Serve as the point of contact for the federal department of energy or any other
federal agency on any matter related to the long-term or temporary storage or
permanent disposal of high-level radioactive waste.
b. Issue a notice of disapproval regarding a proposed high-level radioactive waste
facility in accordance with federal law when the legislative assembly is not in
session. Before issuing a notice of disapproval, the commission shall consult with
the high-level radioactive waste advisory council and the local government
entities with jurisdiction over the area where the proposed high-level radioactive
waste facility is to be located.
3. Only the legislative assembly may issue a notice of disapproval during a legislative
session.
4. The commission, acting through the state geologist, may:
a. Take any action necessary to assert the state's rights relating to the exploration of
a suitable location for a high-level radioactive waste facility within the state,
including providing comments to a federal agency or initiating litigation.
b. Enter agreements with the federal government regarding high-level radioactive
waste regulation and facility siting and accept available funds for deposit into the
high-level radioactive waste fund.
c. Adopt and enforce rules and orders to effectuate the purpose and intent of this
chapter.
d. Require:
(1) Identification of ownership of all high-level radioactive waste facilities and
equipment used for high-level radioactive waste storage or disposal.
(2) The delivery to the state geologist of basic exploration data collected, within
thirty days of field collection of such data, free of charge. Data includes:
(a) Sample cuts, core chips, or whole cores;
(b) Sample logs, radioactivity logs, resistivity logs, or other types of
electrical or mechanical logs;
(c) Elevation and location information on data collection points; and
(d) Other pertinent information required by the state geologist.
(3) The filing of monthly reports in the manner prescribed by the commission
and any other reports deemed necessary by the commission.
(4) The conducting of all exploration, storage, and disposal operations in a
manner to prevent pollution of freshwater supplies and to provide for the
protection of the environment, public safety, and economic interests.
(5) The reclamation of all land disturbed by operations regulated by this chapter
to a condition consistent with prior land use and productive capacity. A
permanent marker is to be erected and maintained over the disposal site.
(6) The furnishing of a reasonable bond with good and sufficient surety,
conditioned upon the full compliance with this chapter, and the rules and
orders of the commission. The person required to furnish the bond may elect
to deposit under such terms as the commission may prescribe a collateral
bond, cash, or any alternative form of security approved by the commission,
or combination thereof, by which an operator assures faithful performance of
all requirements of this chapter and the rules and orders of the commission.
(7) The payment of fees for services performed by the commission, including
costs associated with the investigation, review, and processing of the
application; monitoring and inspection of the exploration site; monitoring and
inspection of the facility; and environmental and monetary impact of the
facility. The commission shall set the amount of the fee based on the
anticipated actual cost of services rendered and impact to the state and
local area. The commission shall set the annual operating fee for a facility
permit to be dependent on the size and scope of the facility, but the fee may
not be less than one million dollars. Unless otherwise provided by statute,
fees collected by the commission must be deposited in the high-level
radioactive waste fund, according to procedures established by the state
treasurer.
e. Regulate:
(1) The drilling, boring, excavating, and abandonment of all exploration holes
drilled for the purpose of obtaining information regarding high-level
radioactive waste storage or disposal.
(2) The drilling, boring, excavating, construction, and operation of all high-level
radioactive waste facilities.
f. Inspect all exploration, development, and high-level radioactive waste facility
sites. For purposes of this subsection, the commission may access all
exploration, development, or operational records of inspection and may require
the operator's assistance if necessary.
